Austin Traumatic Brain Injury Lawyer
What is a Traumatic Brain Injury?
The National Institute of Neurological Disorders and Stroke (NINDS) defines traumatic brain injury as an acquired condition that results when sudden trauma damages the brain. Traumatic brain injury most commonly occurs when an object pierces the skull and brain tissue, or when the head is suddenly and violently struck, bumped, or jolted, which disrupts the brain’s normal functions. The symptoms can be mild, moderate, or severe.
If you or a loved one has suffered a traumatic brain injury (TBI), contact the brain injury lawyers at Loewy Law Firm in Austin, to fight for the compensation and justice you deserve. Call 512-280-0800 for a free consultation.
How Are Traumatic Brain Injuries Classified?
Traumatic brain injuries are classified into three main categories based on their severity:
- Mild: Symptoms might include temporary confusion, headaches, or difficulty focusing.
- Moderate: Victims can experience unconsciousness lasting several hours or longer.
- Severe: These injuries can result in permanent disabilities, significant cognitive impairments, or even death.
Doctors typically use imaging tools, such as CT scans or MRIs, to confirm the extent of the injury. Neurological exams can also help evaluate the effects on cognitive and motor functions.
The Effects of Brain Injuries by Area of Impact
Where the injury occurs in the brain determines its effects on the victim:
Frontal Lobe
Damage here can alter personality, decision-making skills, and emotional regulation.
Temporal Lobe
Injuries in this region often affect speech, memory, or the ability to process auditory information.
Cerebellum
Trauma to the cerebellum may disrupt balance, coordination, and fine motor skills.
Occipital Lobe
When this part of the brain is affected, victims may experience vision problems, such as blurriness or difficulty interpreting visual information.
Injuries to one area often have ripple effects throughout the brain, impacting multiple functions.
Our attorneys develop case strategies based on how injuries to specific brain regions impact a victim’s ability to work, communicate, or manage other essential tasks. The goal is to secure compensation that fully accounts for the unique challenges caused by the injury.
Long-Term Effects of Brain Injuries
In addition to immediate trauma of a serious brain injury, complications can develop over time. Swelling or internal bleeding can increase pressure in the skull, worsening the initial damage. This may require emergency interventions, such as surgeries to:
- Remove blood clots.
- Relieve pressure on the brain.
- Repair skull fractures.
The lasting effects of serious brain injuries vary from person to person. Some victims experience chronic headaches, memory loss, or mood changes, such as depression or anxiety. Others may develop permanent conditions, like seizures, or face physical disabilities that require ongoing care and rehabilitation.
Types of Brain Injuries
Brain injuries are categorized based on their cause and how they affect the brain. They are generally classified as traumatic or non-traumatic, with each type presenting unique challenges for diagnosis and treatment.
Traumatic Brain Injuries (TBIs)
Traumatic brain injuries occur when external forces cause damage to the brain. For example:
- Concussions: Mild injuries caused by a sudden impact or jolt, often resulting in temporary confusion, headaches, or memory issues.
- Contusions: Bruising of brain tissue, typically caused by a direct blow to the head.
- Diffuse Axonal Injuries: Widespread damage to nerve fibers, frequently occurring in high-speed accidents where the brain moves forcefully within the skull.
- Penetrating Injuries: Caused by objects, such as bullets or shrapnel, piercing the skull and brain tissue.
Each of these injuries impacts brain function differently and medical evaluations will be needed to determine the severity and necessary interventions. The Austin personal injury lawyers at Loewy law firm will use that information in building your case for compensation.
Non-Traumatic Brain Injuries
Non-traumatic brain injuries result from internal causes that interfere with normal brain function. These injuries include:
- Strokes: Disruptions in blood flow to the brain that can cause extensive damage.
- Oxygen Deprivation: Also called anoxic or hypoxic injuries, these occur when the brain does not receive enough oxygen, often resulting from cardiac arrest or drowning.
- Infections: Conditions like encephalitis or meningitis can cause inflammation or damage to brain tissue.
While these injuries do not involve external trauma, their effects can be just as significant, leading to long-term impairments that require ongoing treatment and rehabilitation. We will build your case to detail the full impact of your injury so that the compensation you receive fully addresses your medical, financial, and personal needs.
Key Distinctions Between Traumatic and Non-Traumatic Brain Injuries
Traumatic and non-traumatic brain injuries differ in how they are caused and diagnosed:
- Cause: Traumatic injuries result from external physical forces, whereas non-traumatic injuries arise from internal medical conditions.
- Onset: Traumatic injuries tend to occur suddenly, such as in accidents, while non-traumatic injuries can develop over time, depending on the underlying cause.
- Treatment Focus: Traumatic injuries often require immediate interventions to address bleeding or swelling, while non-traumatic injuries typically involve managing the underlying medical condition and preventing further damage.
Distinctions between traumatic and non-traumatic brain injuries determine the type of medical care required, the long-term support victims may need, and how the injuries are presented in a brain injury lawsuit to establish liability and compensation.
What Are the Symptoms of TBI?
Traumatic brain injuries can have a wide range of symptoms, from severe to almost undetectable. Some symptoms appear immediately after the injury, while others take weeks or months to develop, making them more difficult to identify. Symptoms can generally be grouped into physical, cognitive, and emotional categories.
Physical Symptoms
Physical symptoms are among the most common indicators of a TBI and can range in severity. Mild TBIs may cause:
- Dizziness or balance problems.
- Nausea or vomiting.
- Fatigue or drowsiness.
- Blurred vision or ringing in the ears.
In more severe cases, victims may experience:
- Loss of consciousness lasting several hours.
- Persistent vomiting or seizures.
- Clear fluid draining from the ears.
- Pupil dilation.
- Numbness in the fingers and toes.
Cognitive Symptoms
TBIs often affect the brain’s ability to process information. Symptoms of mild injuries include confusion, memory issues, and difficulty concentrating. Victims of more severe TBIs may experience:
- Serious confusion or disorientation.
- Slurred speech.
- Agitation or aggressive behavior.
Emotional Symptoms
Traumatic brain injuries often lead to emotional and behavioral changes. Victims may experience mood swings, depression, or anxiety. These emotional symptoms can affect relationships, work, and overall quality of life. Emotional changes are sometimes overlooked but should be monitored closely for their long-term impact.
Delayed Onset and Monitoring
Not all symptoms appear immediately after a TBI. Some, like mood changes or difficulty concentrating, may not develop until weeks or months later. This delayed onset highlights the importance of ongoing monitoring, even after what may seem like a mild injury. Catching these symptoms early can help prevent further complications and improve outcomes for victims.
Our Austin brain injury attorneys analyze how these symptoms affect every aspect of your life to present a case that captures the injury’s true impact.
Brain injury Statistics in Texas
According to the 2014 Report of the Texas Traumatic Brain Injury Advisory Council, traumatic brain injuries (TBIs) significantly impact Texas residents:
- Annual Incidence: Approximately 144,000 Texans sustain a TBI each year, equating to one injury every four minutes.
- Hospitalizations: Every 30 minutes, a Texan is hospitalized due to a TBI.
- Permanent Disabilities: Each year, 5,700 Texans are permanently disabled as a result of TBI.
- Prevalence of Disability: Over 479,000 Texans live with disabilities caused by TBI.
- High-Risk Groups: The most affected demographics include individuals aged 0-4, 15-44, and those over 65.
Although these statistics are from more than a decade ago, they show the widespread effects of TBIs on victims and their families. Many of these injuries result from preventable accidents, such as motor vehicle collisions, falls, or workplace hazards caused by negligence. For victims, compensation provides a way to address medical expenses, lost wages, and the cost of long-term care. Our skilled brain injury attorneys work to hold negligent parties accountable and help victims pursue the compensation they need to rebuild their lives and secure ongoing support.
Common Causes of TBI
Traumatic brain injuries (TBIs) occur in a variety of circumstances, often involving preventable accidents caused by negligence. Falls and motor vehicle accidents are among the most frequent causes, with other scenarios also contributing to these life-altering injuries.
Falls
Falls are the leading cause of TBIs, particularly among young children and older adults. Common examples include:
- Slipping in showers or bathrooms.
- Falling down staircases.
- Accidents involving ladders or other elevated surfaces.
Many falls are preventable and result from unsafe premises, improper supervision, or inadequate safety measures.
Motor Vehicle Accidents
Car accidents are another major cause of TBIs, with injuries ranging from mild concussions to severe trauma. The force of impact during a collision can cause the brain to move rapidly within the skull, leading to damage. Vehicle-related TBIs may occur in:
- Car accidents.
- Trucking collisions.
- Motorcycle crashes.
- Pedestrian accidents.
Even low-speed collisions have the potential to result in significant brain injuries, particularly when seatbelts or airbags fail to provide adequate protection.
Other Causes
Additional causes of TBIs include:
- Workplace accidents involving falling objects or machinery.
- Sports injuries, such as concussions in contact sports.
- Physical assaults or violent incidents.
Each of these scenarios often involves negligence or unsafe conditions, and our TBI attorney knows how to uncover the facts, prove fault, and fight for the compensation victims need to move forward with their lives.
Treatments for Brain Injuries
The treatment process for traumatic brain injuries (TBIs) often involves emergency care, surgical procedures, and long-term rehabilitation. Treatments for TBIs provide critical insight into the severity of the injury and its lasting effects, which our brain injury attorneys use to build strong cases and pursue compensation that addresses the full scope of a victim’s needs.
Emergency Care
Emergency treatment for TBIs focuses on stabilizing the victim and preventing further damage. Imaging tests, such as CT scans, identify swelling, bleeding, or fractures, while interventions like medications to reduce intracranial pressure or intubation are used to protect brain function. Medical records from this phase help demonstrate the severity of the injury and its immediate impact on the victim’s health.
Surgical Interventions
Surgical procedures are common in severe brain injuries. These may include:
- Removing blood clots or hematomas.
- Repairing skull fractures or removing bone fragments.
- Relieving pressure caused by swelling or fluid buildup.
The need for surgery can significantly increase the costs associated with the injury. Detailed documentation of these procedures supports claims for compensation, showing both the financial burden and the life-threatening nature of the injury.
Rehabilitation and Therapy
Rehabilitation plays a key role in recovery, especially for victims with moderate to severe TBIs. Common therapies include:
- Physical Therapy: To improve strength, coordination, and mobility.
- Speech Therapy: To address communication or swallowing difficulties.
- Occupational Therapy: To help victims regain independence in daily tasks.
Records from rehabilitation providers show the long-term effects of the injury and the ongoing care victims require, which our attorneys use to demonstrate the full scope of damages, particularly when permanent disabilities affect the victim’s ability to work or live independently.
How Long Does It Take to Fully Recover From a Brain Injury?
Recovery times depend on the severity of the TBI and the victim’s overall health. Mild injuries may heal within weeks, while severe injuries often involve years of treatment. In some cases, victims face lifelong disabilities requiring continuous care. Attorneys use this information to calculate damages that reflect both immediate and future medical needs, as well as the impact on earning potential and quality of life.
The Challenges of Brain Injury Cases
Traumatic brain injury (TBI) cases are difficult because the symptoms can be hard to identify, the effects vary widely, and the long-term consequences can be unpredictable. Evidence that shows how the injury has changed the victim’s life helps attorneys pursue compensation for medical care, lost wages, and future needs.
Invisible and Delayed Symptoms
Some symptoms of a TBI are not visible or may appear weeks or months after the accident. Memory problems, confusion, and emotional changes are examples of issues that can develop over time. Delayed symptoms complicate efforts to link the injury to the accident, which makes strong evidence even more important.
Individualized Effects of TBIs
No two brain injuries are the same. A mild injury might cause trouble focusing or fatigue, while a severe injury can leave someone unable to work or care for themselves. The case has to clearly show how the injury has disrupted the victim’s life and the specific care or resources they will need moving forward.
Proving Long-Term Consequences
The effects of a TBI often go beyond immediate medical bills. Many victims face years of therapy or permanent care and lose the ability to work. Reports from medical specialists and financial experts explain the future care and costs victims are likely to face and help to demonstrate the full impact of the injury.
How Loewy Law Firm Handles TBI Cases
Our attorneys work closely with neurologists, neuropsychologists, and other experts to gather medical evidence that explains the full extent of the injury. Diagnostic tools, such as imaging scans, can help illustrate the damage to the brain. Expert witnesses describe how the injury has affected the victim’s daily life and future needs. With this evidence, we will fight to secure compensation that reflects the full cost of recovery and care.
Compensation in Brain Injury Cases
The impact of a traumatic brain injury (TBI) extends far beyond the initial medical treatment. For many victims, the costs of ongoing care, the loss of income, and the emotional toll create lasting challenges. Compensation from a personal injury claim provides a way to address these hardships and support victims as they rebuild their lives.
Economic Damages
The economic impact, sometimes referred to as “damages,” may include:
- Medical Expenses: Surgeries, hospital stays, rehabilitation, and ongoing treatments.
- Lost Income: Wages lost during recovery or a reduced earning capacity for victims who cannot return to work.
- Future Care Needs: Severe injuries may require long-term assistance such as in-home care or specialized therapy. Long-term care services can result in substantial costs for the victim and their family.
These damages aim to address the measurable financial consequences of the injury.
Non-Economic Damages
The emotional and psychological effects of a brain injury can be life-changing. Victims may experience anxiety, depression, or difficulty maintaining relationships. Others lose the ability to participate in activities they once enjoyed. Non-economic damages compensate for these personal losses and the broader impact on the victim’s quality of life.
What Influences Brain Injury Settlements?
Settlements in brain injury cases vary widely based on the unique circumstances of the injury. Several factors determine the value of a claim, including:
- Severity of the Injury: Serious injuries often require lifelong care, significantly increasing the compensation needed to cover future expenses.
- Lost Income: Compensation may include wages lost during recovery and projected losses if the victim cannot return to work.
- Non-Economic Damages: Emotional suffering, loss of independence, and diminished quality of life can influence the settlement amount.
For example, a settlement for a mild TBI with short-term effects might focus on medical bills and a brief loss of wages. In contrast, a case involving a severe TBI may include damages for lifelong care, ongoing therapy, and the emotional toll on the victim and their family.
Why Choose Loewy Law Firm for Your Brain Injury Case
A traumatic brain injury can turn your entire life upside down. You’re dealing with mounting medical bills, lost wages, and the uncertainty of what comes next. At Loewy Law Firm, we understand the weight of what you’re going through, and we’re here to help you hold the right people accountable and get the resources you need.
Brain injury cases aren’t simple, and that’s why we focus on the details that matter most. We work with leading doctors and financial experts to show how your injury has affected your health, your finances, and your future. Whether it’s demonstrating the cost of long-term care or the impact on your ability to work, we make sure every piece of your story is clear.
Our experience has helped brain injury victims across Austin recover meaningful settlements and verdicts that reflect the full extent of their injuries. Every case is personal to us, and we will stand by you, making sure your voice is heard and your needs are met.
Take the Next Step
If you’re ready to take action, work with an Austin brain injury lawyer at the Loewy Law Firm today. We’ll start with a free consultation and we work on a contingency basis, so there’s no cost to you unless we win your case. Reach us at 512-280-0800 or visit our contact page to get started.
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